DOMENGEAUX, Judge.
The sole question presented by this appeal is whether plaintiff-appellant Frank Rushing is entitled to penalties and attorney's fees under LSA-R.S. 22:657.
Plaintiff was employed as an electrical lineman. On September 1, 1971, he fell from a utility pole and received serious injuries to his back, right wrist and left knee. He was hospitalized.
At the time of the accident there was in existence a "Special Union Labor Disability
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